December 2014

Ionia Public Schools -and-Ionia Education Association, MEA/NEA

Unfair Labor Practice Found: The Employer's Refusal to Bargain Over Prohibited Topics Under PA 103 Did Not Violate its Duty to Bargain; The Union Violated its Duty to Bargain by Insisting that Provisions of the Parties' Expired Contract that became Prohibited Subjects Under PA 103 be Included in the Successor Agreement, Even After the Employer Notified the Union that it Would not Bargain over Prohibited Subjects; The Union's Insistence on Including Prohibited Subjects in the Successor Contract Obstructed and Impeded the Bargaining Process and thereby Violated its Duty to Bargain in Good Faith.

Duty to Bargain; 2011 PA 103; Prohibited Subjects of Bargaining

Pontiac Education Association, MEA/NEA-and-Pontiac School District

Unfair Labor Practice Not Found-Union Did Not Violate its Duty to Bargain by Filing and Pursuing a Lawsuit to Enforce Contract Terms Made Unenforceable Under §15(3)(k) of PERA; Retaliatory Motive and Lack of Reasonable Basis are Essential Prerequisites to a Finding that the Filing of Lawsuit was an Unfair Labor Practice; Respondent's Lawsuit had a Reasonable Basis.

Traverse Bay Intermediate School District -and-Traverse Bay Area Intermediate School District Educational Support Personnel Association, MEA/NEA

Unfair Labor Practice Not Found-Employer Did Not Violate § 10(1)(e) When it Unilaterally Implemented Hard Cap Option Upon Expiration of the Collective Bargaining Agreement; Parties Subsequently Negotiated a Collective Bargaining Agreement that Retroactively Allocated Insurance Premium Contributions in the Manner Respondent Unilaterally Implemented Previously; Case Does Not Involve Questions of Public Policy that are Likely to Recur but Evade Judicial Review; Charging Party did not Establish that Past Practice Modified Clear Agreement Language

Novi Community Schools -and- International Union of Operating Engineers, Local 324 -and- Theresa Osburn

Unfair Labor Practice Not Found: Failure to Allege That Union Acted Arbitrarily, Discriminatorily, or in Bad Faith by Not Processing Charging Party's Grievance; Failure to State Facts Alleging That Employer Violated Collective Bargaining Agreement; Failure to State Claim upon Which Relief Can Be Granted under PERA; Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

Duty of Fair Representation; Failure to State Claim; Summary Disposition; Failure to Respond to Show Cause Order

Wayne State University -and- Unite Here Local 24

Unfair Labor Practice Not Found: Failure to Allege Material Facts to Indicate a Breach of Duty of Fair Representation; Failure to State Claim upon Which Relief Can Be Granted Under PERA; Failure to Respond to Show Cause Order Warrants Dismissal of Charge.

Macatawa Area Express Transportation -and- Amalgamated Transit Union Local 836

Unfair Labor Practice Not Found: Union Member Not Discharged for Discriminatory Reasons. Charging Party Failed to Establish Anti-Union Animus Motivated Respondent's Decision to Terminate a Union Member After Denying Member's Request for Unpaid Time Off; Charging Party Did Not Present Credible Evidence that was Sufficient to Establish Anti-Union Animus; Employees Granted Light Duty Work Were Not Similarly Situated to Union Member Who Was Terminated.

Anti-Union Animus; Protected Activity; Credibility

Wayne County Airport Authority -and- Michigan AFSCME Council 25 and its Affiliated Local 953

Unfair Labor Practice Not Found: Charging Party Failed to Show that Respondent Repudiated Collective Bargaining Agreement by Eliminating Retiree Health Care Benefits for Employees Retiring Under Non-Duty Disability Provision; Charging Party Failed to Prove Respondent Repudiated the Parties' Agreement by Refusing to Pay Performance Bonuses; Parties Had Bona Fide Dispute over Whether Respondent's Actions Violated Their Agreements; Disputed Issues Should Have Been Decided by an Arbitrator; Commission and Court Have Yet to Determine Whether Paying Annual Bonus Constitutes Wage Increase After Contract Expiration Under § 15b of PERA.

Duty to Bargain; Repudiation; Good Faith Dispute; Past Practice; 2011 PA 54

Michigan State Government
Department of Licensing and Regulatory Affairs
Bureau of Employment Relations

This page last updated 1/9/15